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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
the products listed above. This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
The manufacturer has informed Transport Canada that a certain number of
the resolver stators, which were installed in the AOA [angle of attack]
transducers, were not cleaned correctly. This condition can degrade the
AOA transducer performance at low temperatures resulting in freezing of
the AOA transducer resolver, which may provide inaccurate AOA data to
the Stall Protection System (SPS). If not corrected, this condition can
result in early or late activation of the stick shaker and/or stick pusher.
The unsafe condition is early or late activation of the stick shaker or
stick pusher, which can lead to loss of control of the airplane. This
AD requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective March 24, 2010.
The Director of the Federal Register approved the incorporation by reference
of a certain publication listed in the AD as of March 24, 2010.
We must receive comments on this AD by April 23, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http:// www.regulations.gov;
or in person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone (800) 647-5527)
is in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone (516) 228-7311; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation, which is the aviation authority for Canada,
has issued Canadian Airworthiness Directive CF-2010-04, dated January
27, 2010 (referred to after this as "the MCAI"), to correct an unsafe
condition for the specified products. The MCAI states:
The manufacturer has informed Transport Canada that a certain number of
the resolver stators, which were installed in the AOA [angle of attack]
transducers, were not cleaned correctly. This condition can degrade the
AOA transducer performance at low temperatures resulting in freezing of
the AOA transducer resolver, which may provide inaccurate AOA data to
the Stall Protection System (SPS). If not corrected, this condition can
result in early or late activation of the stick shaker and/or stick pusher.
The unsafe condition is early or late activation of the stick shaker or
stick pusher, which can lead to loss of control of the airplane. The required
actions include inspecting to determine if certain AOA transducers are
installed, and replacement if necessary. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Alert Service Bulletin A601R-27-157, Revision A,
dated January 18, 2010. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country,
and is approved for operation in the United States. Pursuant to our bilateral
agreement with the State of Design Authority, we have been notified of
the unsafe condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all pertinent information
and determined the unsafe condition exists and is likely to exist or develop
on other products of the same type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general,
agree with their substance. But we might have found it necessary to use
different words from those in the MCAI to ensure the AD is clear for U.S.
operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
We might also have required different actions in this AD from those in
the MCAI in order to follow FAA policies. Any such differences are highlighted
in a NOTE within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this
AD. The FAA has found that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because a certain number
of the resolver stators, which were installed in the AOA transducers,
were not cleaned correctly. This condition can degrade the AOA transducer
performance at low temperatures, resulting in freezing of the AOA transducer
resolver, which may provide inaccurate AOA data to the SPS. If not corrected,
this condition can result in early or late activation of the stick shaker
and/or stick pusher. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety,
and we did not precede it by notice and opportunity for public comment.
We invite you to send any written relevant data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES section.
Include "Docket No. FAA-2010-0178; Directorate Identifier 2010-NM-039-AD"
at the beginning of your comments. We specifically invite comments on
the overall regulatory, economic, environmental, and energy aspects of
this AD. We will consider all comments received by the closing date and
may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov,
including any personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue
rules on aviation safety. Subtitle I, section 106, describes the authority
of the FAA Administrator. "Subtitle VII: Aviation Programs," describes
in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in "Subtitle
VII, Part A, Subpart III, Section 44701: General requirements." Under
that section, Congress charges the FAA with promoting safe flight of civil
aircraft in air commerce by prescribing regulations for practices, methods,
and procedures the Administrator finds necessary for safety in air commerce.
This regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products identified
in this rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications under
Executive Order 13132. This AD will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or negative,
on a substantial number of small entities under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with
this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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